Executive Summary
Article 7.9 of the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan (R-ARCSS) mandates the Reconstituted Joint Monitoring and Evaluation Commission (RJMEC) to prepare and submit Quarterly Reports to the Revitalized Transitional Government of National Unity (RTGoNU), the Transitional National Legislature (TNL), the Intergovernmental Authority on Development (IGAD), the African Union (AU) and the United Nations (UN). This report covers the period from 1 January to 31 March 2024 and provides a status update on implementation of the R-ARCSS during the reporting period, with less than ten months remaining before elections at the end of the Transitional Period.
Overall, there has been slow progress in the implementation of election related tasks. The three key institutions which were reconstituted in the previous quarter, namely, the National Elections Commission (NEC), Political Parties Council (PPC) and National Constitutional Review Commission (NCRC) undertook a series of induction workshops, including for developing their internal documents, workplans and budget for implementation of their respective mandates. At the same time, divergent views have emerged among the Parties and stakeholders to the RARCSS on whether elections should be conducted as scheduled or not. Consequently, RJMEC has recommended to the Parties to the R-ARCSS and stakeholders to urgently convene a dialogue and agree on the way forward to a smooth end of the transition. In principle, the Parties have responded positively to the RJMEC’s call and started the dialogue at the end of March.
On Transitional Security Arrangements, there has not been any progress since the reported deployment of 4 000 Phase I Necessary Unified Forces (NUF) last quarter. Similarly, there has not been any movement on the preparations for Phase II NUF training even where the situation in cantonment sites remains dire. The DDR process for all forces ineligible to join the NUF Phase I deployment lacks funding from the RTGoNU and partners, therefore those officers remain in the training centres.
The humanitarian situation remained bleak with increasing needs and over 9 million people requiring assistance. Continuing depreciation of the local currency has aggravated food prices which increased by 19 percent in February compared to January 2024, thus worsening the situation of the population, many of whom were already acutely food insecure. By mid-March, over 620,000 people were reported to have crossed into South Sudan from Sudan since 15 April 2023. Given the limited resources, respondents were unable to provide adequate clean water, food, shelter and health care for the arriving populations. Overcrowding and unhygienic living conditions were reported in Bulukat and Renk transit centres in Upper Nile State.
Based on recommendations of the private sector development strategy (Article 4.15.1.3 of the R-ARCSS), the business environment has been improved by formalizing a good number of informal businesses. Relevant legal documentation, national identity cards and certificates were issued as most youth do not have birth certificates, which would otherwise limit their ability to benefit from these resources. Furthermore, there is a pilot and innovative initiative with UNDP and Stanbic Bank to provide microfinance for vulnerable youth, the ex-combatants, the returnees and the IDPs.
There has been no change during the quarter under Chapter V on Transitional Justice. During the last reporting period, the Council of Ministers deliberated and approved the Commission for Truth Reconciliation and Healing (CTRH) and the Compensation and Reparations Authority (CRA) Bills. They were subsequently tabled before the TNLA on 5 December 2023 and is to be debated before the TNLA when it resumes its sitting in April.
RJMEC held its 34th regular ordinary monthly meeting on 8 February. During the meeting, the Interim Chairperson highlighted the need for dialogue to break the cycle of violence, while underscoring the need for the culture of peace to prevail. He told the RJMEC members: “with so much at stake for the people of South Sudan as they seek to have their democratic aspirations met by holding their first elections as an independent nation, RJMEC reminds the RTGoNU of its responsibility, as per Article 1.2.2 of the R-ARCSS, to restore permanent and sustainable peace, security, and stability. Also, the full operationalisation of the three newly reconstituted institutions, especially through the provision of funding to enable them to deliver on their mandates.”
While the focus rightly continues to be on the holding of elections in a timely manner, priority should be given to the expedited completion of the pending critical tasks, which are prerequisites to the conduct of credible elections under the Agreement. Foremost among those are unification of forces and the making of a permanent constitution. There’s also need to ensure the passage by the TNL of the NSS Bill as well as the CTRH and CRA bills. Passage of the NSS Bill in its current form will help in the creation of political and civic space in the build up to elections. The transitional justice bills once passed will allow for the reconstitution of the Commissions that will guide the process of truth and reconciliation. In addition, following through on the establishment of the Special Reconstruction Fund (SRF) will help channel additional resources to deal with the growing humanitarian situation and address the needs of the returnees and Internally Displaced Persons (IDP’s).
The recommendations which follow, including to the Parties to the Agreement, RTGoNU,
TNL, IGAD and International Partners are geared towards encouraging a faster pace of implementation of the R-ARCSS and will better prepare the country for the upcoming elections, if acted upon.
To the Parties to the Agreement and Relevant Stakeholders:
• provide clarity to RJMEC members and the public on how it will complete the critical pending tasks and create the necessary conditions for the conduct of elections in a timely manner; and
• embrace the call for dialogue in the spirit of collegiality and present to the people of South Sudan a unified plan for elections, with practical steps to fast-track the implementation of the Roadmap to ensure the timely conduct of elections.
To the RTGoNU:
• expedite funding to the PPC, NEC and NCRC in order to enhance the making of a people led and a people owned permanent constitution in accordance with provisions of the Constitution Making Process Act 2022, and provide resources to begin to undertake the election related tasks;
• provide resources for the elections process while engaging with the international community to support its efforts;
• urge the Judicial Reform Committee (JRC) to expedite its ongoing consultations, conclude its report and submit to the RTGoNU in order to ensure that the judicial reform process compliments the permanent constitution making process and the conduct of elections;
• help guide the conduct of the dialogue towards achieving its goal of delivering a clear path as well as actionable political guidance on the way forward in an effort to sustain peace throughout the country;
• address the ongoing intercommunal violence consistent with its obligations to maintain security throughout the country;
• provide, as a matter of urgency, all the resources necessary to deploy the remaining NUF, and in addition complete harmonization of the command structure so that the country can have a unified force with a national character under one Commander in Chief; and
• pursue establishment of the SRF with a view to helping to address the ongoing humanitarian crisis in the country.
To the TNLA:
• expedite the enactment of all pending amendment bills, including the National Security Services Bill, NGO Amendment Bill, and transitional justice bills; and
• support the process of funding of the constitution and election making processes by ensuring passage of bills to secure funding for their operationalisation.
To the Intergovernmental Authority on Development:
• encourage the Parties to dialogue in an open and meaningful manner, with a view to reaching consensus on the way forward;
• consider the holding of an IGAD Council of Ministers meeting on the situation in South Sudan which would be a welcome signal to its people and the Parties to the Agreement; and
• support President Ruto’s efforts in hosting and facilitating talks between the RTGoNU and non-signatory groups.
To International Partners and Friends of South Sudan:
• consider supporting the permanent constitution-making process, including by directly funding some of the critical mechanisms, civic education, and providing capacity building; and
• appeal to the RTGoNU to work diligently with the Parties during the dialogue process to ensure its success in planning a definite way forward for the Agreement.